The High Court held that disputed questions of fact in a prosecution under Sections 427 and 447 IPC cannot be adjudicated under Section 482 Cr.P.C. It found no reason to interfere but directed the Magistrate to conclude trial within six months.
Petitioner's application to quash proceedings dismissed; Magistrate directed to conclude trial within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 26TH DAY OF OCTOBER 2016/4TH KARTHIKA, 1938
Crl.MC.No. 493 of 2016 ()
AGAINST THE ORDER/JUDGMENT IN CC 1093/2012 of J.M.F.C.II,NEYYATTINKARA DATED CRIME NO. 344/2012 OF POOVAR POLICE STATION , THIRUVANANDAPURAM
PETITIONER(S)/ACCUSED:
EDISON KENNEDY 30 YEARS S/O. JOSE KENNEDY, OFFEER VILLA, POOVAR DESOM, ERIKKALUVILA, THIRUPURAM VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN 695 121
BY ADVS.SRI.P.B.KRISHNAN
SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.S.NITHIN (ANCHAL)
RESPONDENT(S)/STATE AND THE COMPLAINANT:
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, PIN 682 035
R2 BY ADV. SRI.M.R.SARIN R BY PUBLIC PROSECUTOR, SRI. AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CONTD..
:2:
Crl.MC.No. 493 of 2016 ()
APPENDIX
PETITIONER(S)' EXHIBITS
----------------------ANNEXURE A COPY OF THE FINAL REPORT DATED 2-7-2012 IN C.C NO 1093 OF 2012 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURTII,NEYYATTINKARA
RESPONDENT(S)' EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
SKS
RAJA VIJAYARAGHAVAN V., J.
Crl. M.C. No. 493 of 2016
Dated this the 26th day of October, 2016
O R D E R
the file of the Judicial First Class Magistrate Court-II, Neyyattinkara. He is being proceeded against for having committed offences punishable under Section 427 and 447 of the IPC.
Crl. A. No. 493 of 2016
-2-
submissions and contends that there is no reason to interfere.
into the facts of the case at this stage, it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed question of fact,which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in case of State of Haryana Vs. Bhajan Lal [1992 SCC (Cr) 426] and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another [ 2005 SCC (Cr.) 293].
Crl. A. No. 493 of 2016
-3-
months from the date of receipt of a copy of this order.
Sd/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
SKS
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether the High Court can interfere under Section 482 Cr.P.C. at this stage given that the issues relate to disputed questions of fact.
Whether a prima facie case is made out by the prosecution against the accused in C.C. No. 1093 of 2012.
Colour shows how this judgement treated each authority
State of Haryana Vs. Bhajan LalApplied¶39
State of Haryana Vs. Bhajan Lal [1992 SCC (Cr) 426] · Who else cites this
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and anotherApplied¶39
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another [ 2005 SCC (Cr.) 293] · Who else cites this
3 provisions across 2 enactments
Edison Kennedy
State of Kerala
Abiloose
Raja Vijayaraghavan V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
